An arrest for driving under the influence of alcohol is one thing. But an accident that causes someone else's death as a result of drinking and driving is an entirely different and heartbreaking situation. While you never intended to cause the death of another person, the Florida criminal system will treat you harshly as a consequence for driving while intoxicated. Here's how you can defend yourself against these serious charges with the help of a DUI lawyer.
The heaviest evidence against you in a DUI manslaughter case is your BAC results. Field sobriety test results -- if performed -- are also important. Blood testing is most commonly used in DUI accidents since everyone involved is usually transported to the hospital.
The key in any DUI manslaughter case is to question the validity of the evidence and whether the results are accurate beyond a doubt. If an officer gave you a breathalyzer test but did not calibrate the equipment properly, the test could be invalid. Also, if you were given a blood test, your attorney may question the chain of custody. Any potential issues with how your blood was drawn, transferred to the lab, and tested could result in that evidence's omission from court.
In some cases, the evidence against the defendant is so overwhelming that the chance of a successful litigation is low. Your lawyer can help you evaluate what the prosecutor has against you and plans to bring in front of a jury. This will determine if it is in your best interest to look into a plea deal.
A plea deal could include pleading guilty to lesser charges, agreeing to mandatory alcohol treatment, both, or other penalties. However, they are almost always less than what you stand to incur if you go to court and are unsuccessful. Each case is different and your attorney can help you find the avenue that elicits the best possible outcome.
At Fort Lauderdale Criminal Defense, we understand how difficult facing DUI manslaughter charges can be. We commit to aggressively advocating for your rights and freedoms under the law.